IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.52004/2017 & WRIT PETITION Nos.52178-52179/2017 (GM-FC) BETWEEN:
LIJIN LAKSHMANAN S/O A.T. LAKSHMANAN AGED ABOUT 40 YEARS R/A RAMANIKA KADAMBOOR HIGH SCHOOL ROAD P.O. EDKKAD KANNUR – 670 663 KERALA …PETITIONER (BY SRI.YOGESH V KOTEMATH, ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND:
NISHA D/O SAHIVARAJAN W/O LIJIN LAKSHMANAN AGED ABOUT 37 YEARS R/A NO.80, NIDHI BHOOMIREDDY LAYOUT BEHIND AYYAPPA TEMPLE NEW THIPPASANDRA BANGALORE – 560 075 …RESPONDENT (BY MS. VAIDEHI, ADVOCATE FOR SRI. K.J.KAMATH, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 25.07.2017 ON I.A.NO.11 AND ORDER DATED 16.10.2017 ON I.A.NO.12 AND 13 VIDE ANNEXURE – F IN M.C.NO.4043/2014 PASSED BY THE V ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE BY ALLOWING I.A.NO.11, 12 AND 13 FILED BY THE PETITIONER HEREIN AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 25.07.2017 on I.A.No.11 and the order dated 16.10.2017 on I.A.Nos.12 and 13. Through the said applications, the petitioner herein had sought leave of the Court below to recall the earlier order discharging PW-1 and to permit the petitioner to cross-examine PW-1 before the Court below. The Court below, after taking note of the contentions as put forth, has rejected the applications since, sufficient time had been granted to the petitioner.
2. Learned counsel for the respondent has filed a memo dated 15.12.2017 before this Court acceding to the request of the petitioner, so as to obviate further delay in the matter. In any event, considering the fact that the parties are litigating with regard to matrimonial dispute, a consideration on default would not be justified.
3. Therefore, keeping in view the interest of the parties, the orders impugned herein is set aside. The applications in I.A.Nos.11, 12 and 13 are allowed. The Court below is directed to recall PW-1 and fix a specific date enabling the petitioner to cross-examine PW-1. The petitioner shall avail such opportunity to cross-examine PW-1 within the time frame to be fixed by the Court below. It is made clear that if the opportunity is not availed within the time frame to be fixed by the Court below, the same would stand forfeited and no further request in that regard shall be entertained.
The petitions are accordingly disposed of.
Sd/- JUDGE ST